- (1.) HEARD Sri M. S. Tyagi, learned counsel for the petitioner, Sri Dinesh Gahtori, learned counsel for the re spondent No. 3 and Learned Standing Counsel.
(2.) BY the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 12-10-2001 (Annexure 6 to the writ petition) passed by the respondent No. 1. Briefly stated, the proceeding under Section 122-B of the U. P. Z. A. and L. R. Act was initiated against the petitioner by the Assistant Collector/tehsildar Haridwar, District Haridwar by issuing a form as prescribed under Rule 49-A stating therein that the peti tioner is an unauthorized occupant of Gata No. 317/2 area 0. 123. Objections have been filed by the petitioner denying the fact that he is in possession of 317/2 area 0. 123 hectare.
(3.) HOWEVER, the petitioner has sub mitted that he is in possession of Khasra No. 316 and 284 min jumla. During the proceeding of the case, a reportwas submitted and the report of the Niab Tehsildar shows that no un authorized possession was found on Khasra No. 317/2. The report of the Niab Tehsildar shows as under: Hindi However, on the basis of the aforesaid report the Assistant Collector 1st Class vide his order dated 15th June, 2001 has quashed the notice Form No. 49-Ka and has found that the petitioner is in possession of Khasra No. 316 as well as Khasra No. 284, which has been given to him by the Irrigation Department. It was found that the pe titioner is not in possession of Plot No. 317/2.;